BEACON LEGAL FUNDING, LLC

Classification	NOA Non Final - Circuit Civil - Other
Court	5th District Court of Appeal
Originating Court	Circuit Court for the Fourth Judicial Circuit, Duval County 2019-CA-2974

Parties

Name	Phillip Timothy Howard
Role	Appellant
Status	Active
Name	BEACON LEGAL FUNDING, LLC
Role	Appellee
Status	Active
Representations	John A. Grant, Daniel K. Bean, Stacy Scaldo, Jacqueline A. Van Laningham, Jennifer Sweeting, Jerry L. Rumph Jr.
Name	Hon. Virginia Norton
Role	Judge/Judicial Officer
Status	Active
Name	Circuit Court Duval
Role	Lower Tribunal Clerk
Status	Active
Name	Jody Phillips
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2023-10-02
Type	Mandate
Subtype	Mandate
Description	Mandate
Docket Date	2023-10-02
Type	Record
Subtype	Returned Records
Description	Returned Records ~ NO RECORD EFILED
Docket Date	2023-09-12
Type	Disposition by Opinion
Subtype	Affirmed
Description	Affirmed - Per Curiam Affirmed ~ PCA
Docket Date	2023-03-30
Type	Notice
Subtype	Notice
Description	NOTICE OF PANEL ASSIGNMENT
Docket Date	2023-02-09
Type	Brief
Subtype	Answer Brief
Description	Appellee's Answer Brief
On Behalf Of	Beacon Legal Funding, LLC
Docket Date	2023-01-10
Type	Order
Subtype	Order on Motion to Stay
Description	Order Deny Stay ~ ANSWER BRF W/IN 30 DAYS
Docket Date	2023-01-03
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgement Letter 1
Docket Date	2023-01-03
Type	Response
Subtype	Response
Description	RESPONSE ~ PER 12/22 ORDER
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-12-27
Type	Disposition by Order
Subtype	Transferred
Description	Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer.  This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
Docket Date	2022-12-22
Type	Order
Subtype	Order
Description	SC Why Mot Should Not Be Granted ~      Appellant to show cause within 10 days from the date of this order why the motion to stay, or in the alternative, motion for clarification, served on December 20, 2022, should not be granted.
Docket Date	2022-12-20
Type	Record
Subtype	Appendix
Description	Appendix ~ to appellee's motion to stay
On Behalf Of	Beacon Legal Funding, LLC
Docket Date	2022-12-20
Type	Motions Other
Subtype	Motion To Stay
Description	Motion To Stay ~ or motion for clarification regarding 11/23 order
On Behalf Of	Beacon Legal Funding, LLC
Docket Date	2022-11-23
Type	Order
Subtype	Order on Motion To Dismiss
Description	Grant Appellee's Motion to Dismiss ~     Appellant has appealed a nonfinal appealable order that determines, among other findings, the right to immediate possession of property. See Fla. R. App. P. 9.130(a)(3)(C)(ii). The appeal was classified as an appeal of a final order.  The case is hereby redesignated as an appeal of a nonfinal order. See Fla. R. App. P. 9.040(c). The appeal shall proceed only on that portion of the order addressing the right to immediate possession of property. See Stanberry v. Escambia County, 813 So. 2d 278, 279 (Fla. 1st DCA 2002) (“Jurisdiction to review a nonfinal order denying an injunction does not confer plenary appellate jurisdiction authorizing review of the other matters the nonfinal order addresses.”).The motion to dismiss filed August 18, 2022 is granted, in part and denied, in part. The appeal is dismissed for lack of jurisdiction except the appeal of the portion of the order determining a right to immediate possession of property.
Docket Date	2022-09-06
Type	Order
Subtype	Order
Description	SC Why Mot Should Not Be Granted ~      Appellant to show cause within 10 days from the date of this order why the motion to dismiss, served on August 18, 2022, should not be granted.
Docket Date	2022-08-18
Type	Motions Other
Subtype	Motion To Dismiss
Description	Motion To Dismiss
On Behalf Of	Beacon Legal Funding, LLC
Docket Date	2022-08-18
Type	Record
Subtype	Appendix
Description	Appendix ~ to motion to dismiss
On Behalf Of	Beacon Legal Funding, LLC
Docket Date	2022-08-15
Type	Order
Subtype	Order on Motion For Leave To File Amended Brief
Description	Grant Motion File Amended Initial Brief ~     The Court grants Appellant’s motion, filed July 20, 2022, to substitute the amended initial brief filed on July 20, 2022, for the initial brief filed on July 19, 2022. Appellee shall serve the answer brief within thirty days of this order.The Court denies any relief requested in the notice filed on July 21, 2022.
Docket Date	2022-07-25
Type	Response
Subtype	Response
Description	RESPONSE ~ to motion to accept corrected initial brief
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-07-21
Type	Order
Subtype	Order Discharging Show Cause Order
Description	Discharge Show Cause Ord Based on Resp ~ In consideration of Appellant's initial brief, docketed July 19, 2022, the show cause order of June 27, 20222, is hereby discharged.
Docket Date	2022-07-21
Type	Notice
Subtype	Notice
Description	Notice ~ OF APPELLANT'S NON-COMPLIANCE WITHRULE 9.300(a), FLORIDA RULES OF APPELLATEPROCEDURE, AND, ALTERNATIVELY, RESPONSEIN OPPPOSITION TO APPELLANT'S MOTION TOACCEPT CORRECTED INITIAL BRIEF
On Behalf Of	Beacon Legal Funding, LLC
Docket Date	2022-07-20
Type	Motions Relating to Briefs
Subtype	Motion to Amend Brief
Description	Motion For Leave To File Amended Brief ~ w/ amended IB attached
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-07-19
Type	Brief
Subtype	Initial Brief
Description	Initial Brief on Merits
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-06-27
Type	Order
Subtype	Show Cause for Brief or Record on Appeal
Description	Initial Brf - 20-Day SC or Dismiss ~ DISCHARGED Appellant has failed to timely file the initial brief. Within 20 days from the date of this order, appellant shall file the initial brief or, alternatively, show cause why this appeal should not be dismissed for failure to comply with the rules and orders of this Court. The failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
Docket Date	2022-06-15
Type	Order
Subtype	Order Discharging Show Cause Order
Description	Discharge Show Cause Ord Based on Resp ~ In consideration of the lower tribunal's record on appeal, docketed May 24, 2022, the show cause order of April 19, 2022, is hereby discharged.
Docket Date	2022-05-24
Type	Record
Subtype	Record on Appeal
Description	Received Records ~ 409 pages
On Behalf Of	Jody Phillips
Docket Date	2022-05-24
Type	Order
Subtype	Order
Description	Order ~ On April 29, 2022, counsel for Appellant responded to this Court’s order to show cause issued on April 19, 2022. Counsel requested to extend the deadline for the filing of the record to May 9, 2022. On May 10, 2022, counsel for Appellant filed a notice of status of the record and requested to extend the deadline for filing the record to May 14, 2022. As of the date of this order, the record has not been filed. Within ten days of this order, counsel for Appellant shall file a status report on the preparation of the record. If the record is not filed or Appellant fails to file a response within the time allowed, this appeal shall be dismissed without further notice or opportunity to be heard. See Fla. R. App. P. 9.410.
Docket Date	2022-05-10
Type	Notice
Subtype	Notice
Description	Notice ~ OF STATUS OF RECORD ON APPEAL
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-04-29
Type	Order
Subtype	Order
Description	AA/PT Serve Copy/File Supp Cert of Svc 10 days ~ Appellant is directed to serve a copy of the motion for extension of time to file record docketed April 29, 2022, on the counsel for Appellee, and to file a supplemental certificate of service within 10 days of this order which demonstrates that service. The failure of Appellant to timely comply with this order will result in striking of the motion for extension of time to file record, as authorized by Florida Rule of Appellate Procedure 9.410(a).
Docket Date	2022-04-29
Type	Motions Extensions
Subtype	Motion for Extension of Time for Record & EOT/Toll Briefing
Description	Motion Extension of Time To File Record ~ AMENDED
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-04-19
Type	Order
Subtype	Show Cause for Brief or Record on Appeal
Description	Record - 20-Day SC or Dismiss ~ DISCHARGED Appellant has failed to timely file the record on appeal. Within 20 days from the date of this order, appellant shall ensure the filing of the record or show cause why this appeal should not be dismissed for failure to obey the rules and orders of this Court. If the record is not filed or appellant fails to file a response within the time allowed, this appeal shall be dismissed without further notice or opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
Docket Date	2022-04-13
Type	Misc. Events
Subtype	Docketing Statement
Description	Docketing Statement
Docket Date	2022-04-11
Type	Notice
Subtype	Notice of Inability
Description	Notice of Inability ~ unable to transmit the ROA
On Behalf Of	Jody Phillips
Docket Date	2022-04-06
Type	Notice
Subtype	Amended Notice of Appeal
Description	Amended Notice of Appeal ~ cert. serv., orders attached
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-04-01
Type	Misc. Events
Subtype	Miscellaneous Docket Entry
Description	SC-Failure to Comply w/Order-Appeals ~     Within 10 days of the date of this order, the appellant shall comply with this Court's order dated February 9, 2022, requiring appellant to file an amended notice of appeal which contains a certificate of service reflecting the names and physical mailing addresses of all parties and attorneys served.  Alternatively, the appellant may file a response showing cause why this appeal should not be dismissed for failure to comply with the order dated February 9, 2022. Failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard.  Fla. R. App. P. 9.410.
Docket Date	2022-03-29
Type	Notice
Subtype	Notice of Filing
Description	Notice of Filing ~ notice of re-filing certified record of orders being appealed
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-03-29
Type	Misc. Events
Subtype	Case Filing Fee Paid through Portal
Description	CASE FILING FEE PAID THROUGH PORTAL
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-03-15
Type	Misc. Events
Subtype	Docketing Statement
Description	Docketing Statement
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-03-09
Type	Misc. Events
Subtype	Miscellaneous Docket Entry
Description	Electronic Docketing Statement ~      Appellant has failed to timely efile a completed electronic docketing statement via the Florida Courts E-Filing Portal as required by the Court.  A fillable form version of the Docketing Statement is available via a link on the “Documents” tab of the Portal or on this Court’s website at HYPERLINK "https://www.1dca.org/Resources/General-Information" https://www.1dca.org/Resources/General-Information. Failure to file a completed docketing statement within 10 days from the date hereof may result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard.  Florida Rule of Appellate Procedure 9.410.
Docket Date	2022-02-16
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed ~ treated as amended NOA, order attached starts page 36, NOA has different LT case number
On Behalf Of	Phillip Timothy Howard
Docket Date	2022-02-15
Type	Order
Subtype	Filing Fee Due
Description	Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee.  Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018).  If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid.  Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard.  Florida Rule of Appellate Procedure 9.410.
Docket Date	2022-02-09
Type	Letter
Subtype	Acknowledgment Letter
Description	Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of February 8, 2022.
Docket Date	2022-02-09
Type	Order
Subtype	Order
Description	Attorney Addresses in Cert of Serv (Appeal) ~ Upon the Court's own motion, appellant is ordered to file with this court, within 10 days from the date of this order, an amended notice of appeal which contains a certificate of service reflecting the names and physical mailing addresses of all parties and attorneys served. See Florida Rule of Appellate Procedure 9.420(c) and Florida Rules of General Practice and Judicial Administration 2.516(f). Failure of appellant to timely comply with this order could result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
Docket Date	2022-02-08
Type	Notice
Subtype	Notice of Appeal Transmittal Form
Description	Notice of Appeal Transmittal Form
On Behalf Of	Jody Phillips
Docket Date	2022-02-08
Type	Misc. Events
Subtype	Fee Status
Description	FP:Fee Paid Through Portal